In a huge setback to the ruling BJP in India, the Supreme Court of India on Tuesday reversed the outcome of the Chandigarh mayoral election and ordered the prosecution of the presiding officer, Anil Masih.
The top court said that the petitioner was declared to be the validly elected candidate for the post of Mayor of Chandigarh Municipal Corporation.
The court also ruled that a fit case was made out for the initiation of proceedings under Section 340 CrPC against Anil Masih. “Registrar Judicial is directed to issue a notice to Anil Masih, to show cause as to why steps should not be initiated against him under Section 340 CrPC,” the Livelaw website quoted the order.
CJI DY Chandrachud had earlier taken a dim view of the presiding officer, Masih, for his conduct. Today, the CJI also came down heavily on Masih for misleading the court. This was after Masih did not tell the truth to the court despite a warning from the CJI of consequences for attempts to mislead the judiciary.
In Chandigarh, the AAP and the Congress had 20 members in the 35-member corporation. On the other hand, the BJP had 15 councillors and one vote of Chandigarh MP Kirron Kher. However, Sonkar polled 16 votes while the AAP and the Congress decided to boycott the vote alleging election fraud. This was because the presiding officer declared eight votes of the AAP-Congress alliance invalid.